Stand with East Missoula: Appeal Aspire Subdivision Decision

EAST MISSOULA NEIGHBORS

MAY 2025; SAVE EAST MISSOULA UPDATE!

For those following local news, you likely saw the Missoulian’s recent headline: “East Missoula Home Developers Charged with Bribery in California” (April 28, 2025). While we cannot introduce this article as evidence in our case, its implications are significant, and the full truth will only emerge in court.

Here’s what we do know: the judge has allowed two of our initial claims to proceed. Our attorney, Kirsa Shelkey, has just filed our response to the defendants’ reply to the judge’s requested second amendment. In this filing, we addressed three counts moving forward and pressed for the court to consider four additional counts. The defendants are expected to respond early next week. Once all responses are in, we’ll send out a group update so everyone can review the filings. After that, we await the judge’s decision on which counts will advance.

Kirsa is planning a visit in mid-May to meet us in person, provide a case update, answer questions, and hear your input.

Now is a pivotal moment. Legal battles are expensive, and we must catch up on attorney fees and build a strong war chest for the upcoming trial. The defendants have deep pockets, but with your support, we can level the playing field and defend our rights in court. Every contribution makes a difference-if everyone chips in, we can keep pushing forward and maximize our chances of success.

Please donate what you can today. Together, we can see this case through and stand up for our community. Thank you for your continued commitment and support.

**************

UPDATE: The Developer has joined the City of Missoula as a respondent to our appeal of the Missoula City Council’s August 26, 2024, decisions on the Aspire Subdivision.

The City and the Developer have now filed numerous motions, including several motions to dismiss. Our attorney has responded to the final motion submitted and we now await Judge Larson’s decision on whether to dismiss or go forward. We strongly believe it will be moving forward.

Our attorney has been paid in advance for the incredible work she’s been doing, and now we need your support to keep this effort to Save East Missoula, moving forward. Thanks to the generosity of several donors including myself, we’ve covered the initial legal costs that have brought us to this point. Together, as a community, we’ve worked hard to get here—but we need everyone’s help to continue making progress.

Our goal is to raise $30,000 for the anticipated total legal costs. Every contribution, no matter the amount, makes a difference and is deeply appreciated! Please consider reaching out to friends, family, and neighbors who might be able to lend their support as well. Together, we can make this happen, we can Save East Missoula!

*************

As many of you know, on August 26th, 2024, the Missoula City Council voted to approve the Aspire Subdivision—a 250+ unit subdivision that will forever change the character of our East Missoula community and neighborhoods.

The City’s decision included annexation so that development can occur only 50 feet from the Clark Fork River. Our County Zoning Regulations require a 175-foot riparian setback! Likewise, the City’s decision included rezoning of the Property from county residential to city residential with something called a neighborhood-character overlay. This rezoning allows multi-dwelling buildings, reduced setbacks, and more density than normally allowed by both City and County residential zoning.

The City further approved variances from City subdivision regulations, meaning the Developer does not have to provide parking on both sides of the street, nor widen the streets in Aspire Subdivision (including Sommers) to meet the City’s right-of-way requirement.

We have voiced all along that we have safety concerns regarding Sommers’ and its intersection with HWY 200, resulting in increased density and traffic in our East Missoula neighborhoods, not to mention our riparian health concerns regarding the closeness of the development to the Clark Fork.

Luckily, we were able, in the final hour, to file a complaint in District Court bookmarking our right to appeal. We have since retained counsel and are working with her to address the decisions of the Missoula City Council in approving the annexation and zoning requests for the Aspire Subdivision. We intend to get our voices heard. This subdivision harms the character our community and if we want to Save East Missoula then our only choice is litigation, which is expensive, since the City did not listen to our requests.

If you feel compelled and/or are able, we could use all the help we can get to fight the Aspire Subdivision’s impact on us. If you feel the Aspire Subdivision is too dense, too close to the river, and raises too many unanswered safety concerns, please consider donating any amount to our Go Fund Me to cover litigation costs. Thank you.